Washington: Do I Have to List Personal Property Assets When Completing a Year’s Allowance in an Estate?

Detailed Answer

Under Washington law, a surviving spouse (and in some cases minor children) may claim a “year’s allowance” for support out of the deceased person’s estate. The year’s allowance provides cash or specific property from the estate to maintain the spouse’s household for one year. (RCW 11.76.050)^Link

Key steps and requirements:

1. Personal Representative’s Inventory: The estate’s personal representative must prepare and file an inventory listing all real and personal property of the estate within 60 days of appointment. (RCW 11.28.180)^Link
2. Filing Your Election: To claim a year’s allowance, you must file your written election in the probate court within one year of the personal representative’s appointment. (RCW 11.76.080)^Link
3. Listing Personal Property: When you file your election, you should attach or reference the inventory prepared by the personal representative. You then specify which personal property items (and/or cash) you choose to satisfy your year’s allowance right. If you do not specify, the personal representative will select property equal in value to your allowance.
4. Value and Selection: The total value of property selected may not exceed $20,000 (adjusted periodically), plus household furniture, appliances, and vehicles used by the family. The personal representative must satisfy your election by delivering the specified items or equivalent value in cash. (RCW 11.76.050)

In short, you do not need to draft a new, separate list of every estate asset yourself—but you do need to refer to the court-filed inventory and clearly identify which personal property items you elect to receive for your year’s allowance. Failing to specify may result in the personal representative choosing the property on your behalf.

Helpful Hints

• Review the personal representative’s inventory promptly. Confirm it lists all personal property you may want.
• File your year’s allowance election in writing and attach a copy of the inventory.
• Specify items clearly (e.g., “living room sofa, model X” rather than just “sofa”).
• Keep copies of all filings and correspondence with the personal representative.
• Compare the year’s allowance with the homestead allowance to choose the option that best protects your interests.

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney in Washington for guidance on your specific situation.